RFP 72061522R00011 - STAWI Activity.pdf

Issue Date: March 21, 2022 Deadline for Questions: March 31, 2022, 10:00 am Nairobi, Kenya Time Closing Date and Time: April 29, 2022, 9:00 am Nairobi, Kenya Time

Subject: Solicitation No. 72061522R00011 Request for Proposal (RFP) for the Sustainable, Transformational and Accessible Water Interventions (STAWI) Activity

To all prospective Offerors:

The United States Agency for International Development through its Mission in Kenya (USAID Kenya and East Africa) is soliciting proposals from qualified organizations interested in providing technical services for the activity entitled “Sustainable, Transformational and Accessible Water Interventions (STAWI).” The applicable geographic code for this procurement is 937, and the North American Industry Classification System (NAICS) is 541990.

USAID anticipates awarding a Cost-Plus Fixed Fee (CPFF) Completion Type contract as a result of this solicitation. The estimated period of performance is five (5) years. The estimated total cost-plus fixed fee for the award is between a range of $20million to $24.9million.

Offerors must propose realistic and reasonable costs for the work described in their Performance Work Statements (PWS). USAID Kenya and East Africa (USAID/KEA) encourages the most effective methodology for achieving the expected results.

This procurement will be conducted under a full-and-open competition procedure for which the Federal Acquisition Regulation (FAR) Part 15 procedures for contracting by negotiation will apply. USAID/KEA encourages the participation, to the maximum extent possible, of small business concerns, either as prime contractor or as a subcontractor. USAID/KEA also encourages proposals that include partnerships of teams - prime contractor or subcontractor - with international or local partners. The competition will utilize a Voluntary Down-Select process outlined in Section L of this RFP.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with Section L of this RFP. Offerors must also carefully review Section M - Evaluation Factors as well as the attached Statement of Objectives. Any questions and requests for clarification concerning this RFP must be sent electronically via email to Sjansen@usaid.gov and Cigweta@usaid.gov with subject line “Questions on STAWI RFP # 72061522R00011 submitted by [name of organization]” by the deadline for questions indicated at the top of this page. All responses to questions will be provided via an Amendment to the RFP

USAID/Kenya and East Africa Sustainable, Transformational and RFP # 72061522R00011 Accessible Water Intervention ‐ (STAWI) Activity and will similarly be posted in https://sam.gov/content/home . Offerors are encouraged to check the beta.SAM.gov website periodically as acknowledgement of any such Amendments is required to accompany the Offeror’s proposal.

It remains the Offeror’s responsibility to ensure that it has downloaded and received the RFP in its entirety, including all subsequent Amendments, if any. USAID bears no responsibility for data errors resulting from download, transmission, and conversion processes. Furthermore, Offerors are advised to read the solicitation carefully. Block 12 of Standard Form (SF)-33 of this RFP requires offers to remain valid for 180 calendar days from the closing date (on the top of this page).

Proposals received after the closing date and time will be processed as late and handled in accordance with FAR 15.208(b). Offerors are responsible for ensuring that proposals are received by USAID/KEA on or before the specified closing date and time.

Technical and Cost Proposals must be prepared separately and submitted in accordance with Section L of this RFP.

Offerors are also instructed to pay full attention to Section K (Representations, Certifications, and Other Statement of Offerors). Offerors must comply with FAR 52,204-7, the System for Award Management (SAM) website, and complete the annual representations and certifications electronically at https://sam.gov/SAM/ .

Issuance of this solicitation neither obligates USAID/KEA to award a contract nor does it commit to pay for any costs incurred by the Offeror in the preparation and submission of its technical/cost proposals. Award will be subject to funds availability following the proper completion of the required USAID/KEA’s internal processes and other internal USAID/KEA’s approvals.

/S/

Sandra Jansen Contracting Officer USAID/Kenya and East Africa Office of Acquisition and Assistance

72061522R00011

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

3 148

C. E-MAIL ADDRESS

cigweta@usaid.gov

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

Charity Igweta

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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18. OFFER DATE17. SIGNATURE

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IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

REQ-615-22-000044

720615

Office of Acquisition and Assistance USAID Kenya and East Africa C.o American Embassy Nairobi United Nations Avenue, Gigiri P.O.Box 629 – 00621, Village Market Nairobi

1400 C

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AUTHORIZED FOR LOCAL REPRODUCTION

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STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

10-13

14-28 29-31 33-54 55-60 61-91

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12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

USAID/Kenya and East Africa Sustainable, Transformational and

PART I – THE SCHEDULE 10

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 10

B.1 PURPOSE 10

B.2 CONTRACT TYPE AND SERVICES 10

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT 10

B.4 CONTRACT BUDGET AND CEILING 10

B.5 INDIRECT COSTS 11

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND 11

FINAL REIMBURSEMENT FOR INDIRECT COSTS 11

B.7 PAYMENT OF FIXED FEE 11

B.8 COST REIMBURSABLE 12

B.9 CONSTRUCTION 12

B.10 GRANTS UNDER CONTRACT 12

B.11 CANCELLATION PROCEDURES 12

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES 14

ABBREVIATIONS 14

C.1. INTRODUCTION 16

C.2. BACKGROUND 16

C.3. PURPOSE 19

C.4. PERIOD AND PLACE OF PERFORMANCE 19

C.5. OBJECTIVES 19

C.6. ADDITIONAL CONSIDERATIONS 23

SECTION D – PACKAGING AND MARKING 29

D.1 AIDAR 752.7009 – MARKING (JAN 1993) 29

D.2 BRANDING POLICY 29

D.3 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN 29

D.4 SOCIAL MEDIA AND ONLINE OUTREACH 31

SECTION E – INSPECTION AND ACCEPTANCE 32

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 32

E.2 INSPECTION AND ACCEPTANCE 32

SECTION F – DELIVERIES OR PERFORMANCE 33

USAID/Kenya and East Africa Sustainable, Transformational and

F.1 NOTICE LISTING FOR SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 33

F.2 PERFORMANCE PERIOD 33

F.3 PLACE OF PERFORMANCE 33

F.4 KEY PERSONNEL 33

F.5 AUTHORIZED WORKDAY/WORK WEEK 34

F.6 PERFORMANCE MONITORING AND STANDARDS 34

F.7 MANAGEMENT OF CONTRACT 35

F.8 REPORTS AND PERFORMANCE OBJECTIVES OR OUTPUTS 37

F.9 REPORTS AND DELIVERABLES OR OUTPUTS 42

F.10 AIDAR 752.7005 – SUBMISSION REQUIREMENTS FOR DEVELOPMENT 45

EXPERIENCE DOCUMENTS (SEP 2013) 45

F.11 LANGUAGE OF REPORTS AND OTHER OUTPUTS 47

F.12 STAFFING 47

F.12.1 KEY PERSONNEL 47

F.12.2 OTHER STAFFING CONSIDERATIONS 50

F.12.2.a Short-Term Expatriate and Local Consultants 50

F.12.2.b Local Staff 50

F.13. REPORTS/PLANS 50

SECTION G – CONTRACT ADMINISTRATION DATA 55

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 55

G.2 CONTRACTING OFFICER’S AUTHORITY 56

G.3 ADMINISTRATIVE CONTRACTING OFFICE 57

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 57

G.5 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 57

G.6 ACCEPTANCE AND APPROVAL 59

G.7 INVOICES 59

G.8 PAYING OFFICE 60

G.9 ACCOUNTING AND APPROPRIATION DATA 60

G.10 CONTRACTOR'S PAYMENT ADDRESS 60

SECTION H – SPECIAL CONTRACT REQUIREMENTS 61

USAID/Kenya and East Africa Sustainable, Transformational and

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 61

H.2 AUTHORIZED GEOGRAPHIC CODE 61

H.3 AIDAR 752.225-70 – SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 61

H.4 AIDAR 752.7004 – EMERGENCY LOCATOR INFORMATION (JUL 1997) 62

H.5 INSURANCE AND SERVICES 62

H.6 AIDAR 752.228-70 – MEDICAL EVACUATION (MEDEVAC) SERVICES (JUL 2007) 65

H.7 GOVERNMENT FURNISHED FACILITIES OR PROPERTY 65

H.8 LANGUAGE REQUIREMENTS 66

H.9 ENVIRONMENTAL COMPLIANCE 66

H.10 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 67

H.11 HOST COUNTRY SALARY SUPPLEMENT (ADS 302.3.3 (D) (2) (VIII) & (AIDAR

752.231-71 AND AIDAR 731.205-71) 67

H.12 FOREIGN GOVERNMENT DELEGATIONS TO 68

INTERNATIONAL CONFERENCES (JUNE 2012) 68

H.13 EXECUTIVE ORDER 13224 - TERRORIST FINANCING 68

H.14 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JUL 2007) 68

H.15 USAID DISABILITY POLICY – ACQUISITION (DEC 2004) 70

H.16 CONFLICTS OF INTEREST 70

H.17 STANDARDS OF CONDUCT – IMPROPER BUSINESS PRACTICES 72

H.18 AIDAR 752.7025 – APPROVALS (APR 1984) 72

H.19 AIDAR 752.7032 – INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION

REQUIREMENTS (APR 2014) 72

H.20 BUSINESS CLASS TRAVEL 73

H.21 CONTRACTOR’S USE OF PROJECT VEHICLES AND LIABILITY INSURANCE

REQUIREMENTS FOR PRIVATELY OWNED VEHICLES 73

H.22 DISCLOSURE OF INFORMATION 73

H.23 AIDAR 752.222-71 NONDISCRIMINATION (JUN 2012) 74

H.24 COMPLIANCE WITH THE TRAFFICKING VICTIMS’ 74

PROTECTION REAUTHORIZATION ACT 74

H.25 MOBILE BANKING 75

H.26 ELECTRONIC PAYMENT SYSTEM 75

USAID/Kenya and East Africa Sustainable, Transformational and

H.27 GENDER CONSIDERATION 76

H.28 CONTRACTOR’S STAFF SUPPORT, AND ADMINISTRATIVE AND 76

LOGISTICS ARRANGEMENTS 76

H.29 ADS 302.3.5.22 – SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA

LIBRARY (DDL) (OCT 2014) 77

H.30 AIDAR 752.7036 USAID IMPLEMENTING PARTNER NOTICE (IPN) PORTAL 78

H.31 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018)

(DEVIATION NOS. M/OAA-DEV-FAR-20-3C AND 80

M/OAA-DEV-AIDAR-20-2C) (APRIL 2020) 80

H.32 CONTRACTOR ACCESS TO USAID FACILITIES AND USAID'S INFORMATION

SYSTEMS (AUG 2013) [DEVIATION (APR 2020) 81

H.33 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 83

H.34 MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES 83

H.35 USAID IMPLEMENTATION OF SECTION 508 OF THE REHABILITATION 84

ACT OF 1973 AND FEDERAL ACQUISITION CIRCULAR (FAC) 97-27 84

“ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY” 84

H.36 VALUE ADDED TAX (VAT) AND CUSTOM 84

H.37 752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984) 84

H.38 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 85

H.39 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 85

H.40 DEFENSE BASE ACT (DBA) INSURANCE 87

H.41 CONSENT TO SUBCONTRACT 88

H.42 PRESS RELATIONS 88

H.43 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (ADS 88

302.3.5.13) 88

H.44 GRANTS UNDER CONTACT 89

H.45 752.236-70 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (JULY 2007) 91

PART II - CONTRACT CLAUSES 93

SECTION I – CONTRACT CLAUSES 93

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 93

I.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY 96

USAID/Kenya and East Africa Sustainable, Transformational and

REFERENCE (MAR 2015) 96

I.3 AIDAR 752.219-70 – USAID MENTOR-PROTÉGÉ PROGRAM (JUL 2007) 98

I.4 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 98

I.5 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006) 99

I.6 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUN 2008) 99

I.7 SEXUAL MISCONDUCT (DECEMBER 2020) 100

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 101

SECTION J – LIST OF ATTACHMENTS 101

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF THE

OFFEROR 102

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED 102

BY REFERENCE 102

K.2 FAR 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS 102

(JAN 2022) 102

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES 107

OR EQUIPMENT (OCT 2020) 107

K.4 FAR 52.209-5 – CERTIFICATION REGARDING RESPONSIBILITY 110

MATTERS (AUG 2020) 110

K.5 FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY 112

MATTERS (OCT 2018) 112

K.6 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (JUL 2020) 114

K.7 FAR 52.203-18 – PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

(JAN 2017) 116

K.8 FAR 52.209-11 – REPRESENTATION BY CORPORATION REGARDING A

DELINQUENT TAX LIABILITY OR A FELONY CRIMINAL CONVICTION (FEB 2016) 117

K.9 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATIONS

(JUN 2020) 117

K.10 FAR 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING 120

PRACTICE CHANGES (APR 2005) 120

USAID/Kenya and East Africa Sustainable, Transformational and

K.11 48 CFR § 1852.228-80 - INSURANCE – IMMUNITY FROM TORT LIABILITY (SEP

2000) 120

K.12 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 121

K.13 AUTHORIZED NEGOTIATORS 121

K.14 SIGNATURE 122

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 123

OR RESPONDENTS 123

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED 123

BY REFERENCE (FEB 1998) 123

L.2 FAR 52.216-1 – TYPE OF CONTRACT (APR 1984) 124

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 124

L.4 GENERAL INSTRUCTIONS 124

L.5 PROPOSAL SUBMISSION AND DELIVERY INSTRUCTIONS 126

L.6 PHASE ONE – INSTRUCTIONS FOR PREPARATION OF THE PHASE ONE

PROPOSAL – PERFORMANCE WORK STATEMENT 128

L.7 PHASE TWO - INSTRUCTIONS FOR THE PREPARATION OF THE PHASE TWO

TECHNICAL PROPOSAL 130

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE PHASE 134

TWO COST/BUSINESS PROPOSAL 134

L.9 WAIVERS UNDER FAR PART 4.2101 PROHIBITION ON COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

(AUGUST 13, 2020) 142

SECTION M - EVALUATION FACTORS FOR AWARD 145

M.1 GENERAL INFORMATION 145

M.2 ADVISORY EVALUATION FACTOR – PHASE ONE 145

M.3 TECHNICAL EVALUATION FACTORS – PHASE TWO 146

M.4 COST/PRICE EVALUATION – PHASE TWO 147

M.5 DETERMINATION OF COMPETITIVE RANGE 148

M.6 SOURCE SELECTION 148

USAID/Kenya and East Africa Sustainable, Transformational and

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this RFP is to solicit proposals from qualified organizations interested in providing technical services for the Sustainable, Transformational and Accessible Water Interventions (STAWI) Activity

B.2 CONTRACT TYPE AND SERVICES

This is a Cost-Plus-Fixed-Fee (CPFF) completion type contract. The Contractor shall furnish all personnel, materials, equipment, supplies, facilities, services (except as expressly set forth in this contract as furnished by the Government) and perform all activities necessary for, or incidental to, the performance of work described in Section C.

B.3 ESTIMATED COST, FIXED FEE AND OBLIGATED AMOUNT

a) The estimated cost for the performance of the work required hereunder, exclusive of fixed fee, if any, is $TBD. The fixed fee for the contract period, if any is $TBD. The estimated cost-plus fixed fee, if any is $TBD. The total estimated contract ceiling is

$TBD.

b) Within the amounts in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $[to be completed by the Government]. The Contractor must not exceed the aforesaid obligated amount in accordance with the Limitation of Funds Clause, FAR 52.232.22.

c) Funds obligated hereunder are anticipated to be sufficient through [to be completed by the Government].

d) Any costs incurred that exceeded the obligated amount are considered unallowable.

B.4 CONTRACT BUDGET AND CEILING

Description Amount

Total Direct Costs, exclusive of Construction and GUCs

$TBD

Construction Services – Plug $2,000,000.00

Grants Under Contract (GUCs) - Plug $3,100,000.00

USAID/Kenya and East Africa Sustainable, Transformational and

Total Indirect Costs $TBD

Fixed Fee $TBD

Total Estimated Cost-Plus Fixed Fee $TBD

B.5 INDIRECT COSTS

FAR 52.216-7 “Allowable Cost and Payment (Aug 2018)” specifies that the indirect cost rates shall be established for each of the Contractor’s accounting periods which apply to this contract.

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the negotiated provisional or predetermined rates and their appropriate bases as contained in the Contractor's latest Negotiated Indirect Cost Rate Agreement (NICRA).

B.6 ADVANCE UNDERSTANDING ON CEILING INDIRECT COST RATES AND

FINAL REIMBURSEMENT FOR INDIRECT COSTS

a) The Contractor must make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

b) Reimbursement for indirect costs must be at the lower of the negotiated final (or predetermined) rates or the following ceiling rates:

Description FY1 FY2 FY3 FY4

TBD % % _% _%

c) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

d) This advance understanding must not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs require the prior written approval of the Contracting Officer.

B.7 PAYMENT OF FIXED FEE

Pursuant to FAR 16.306(d)(1), payment of fixed fee shall be based on completion of the deliverables described in Sections C and F of this contract and in accordance with the approved Fee Schedule below (Offeror to propose).

Performance Objective/Deliverable/Output

Due Date Percentage Fee Amount ($)

TBD TBD TBD TBD

TBD TBD TBD TBD

USAID/Kenya and East Africa Sustainable, Transformational and

B.8 COST REIMBURSABLE

The U.S. dollar costs allowable shall be limited to reasonable, allocable, and allowable costs determined in accordance with FAR 52.216-7, Allowable Cost and Payment; FAR 52.216-8, Fixed Fee, if applicable; AIDAR 752.7003, Documentation for Payment; FAR 52.232-20, “Limitation of Cost, FAR 52-232-22, “Limitation of Funds,” if applicable, OMB Circular A-21, Cost Principles for Educational Institutions, and OMB Circular A-122, Cost Principles for Non- Profit Organizations.

B.9 CONSTRUCTION

The Offeror must use the plug figure of $2,000,000 for Construction. The Construction plug figure includes A/E and construction subcontracts, including any consultants performing A/E services.

B.10 GRANTS UNDER CONTRACT

The Offeror must use the plug figure of $3,100,000 and as detailed under section L of this RFP.

B.11 CANCELLATION PROCEDURES

Per FAR 17.106-1(c) Cancellation Procedures, all program years except the first are subject to cancellation. The cancellation ceiling shall be established below for Years 2 -5 of the contract.

The Contractor is authorized to be reimbursed for all costs which are allowable in accordance with FAR 52.216-7, “Allowable Costs and Payment.” Therefore, the Contractor is expected not to incur any costs which would have been amortized over the life of the contract should the contract be canceled in accordance with FAR 52.217-2. Therefore, the cancellation cost for each is as indicated below. The cancellation date is [TBD – to be filled in at the time of award].

Cancellation shall occur by the dates specified below if the Contracting Officer:

1. Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

2. Fails to notify the Contractor that funds are available for performance of the succeeding program year.

Program Year Cancellation Date Cancellation Ceiling

Year 1 N/A N/A

Year 2 March 2024 Offeror to propose

Year 3 March 2025 Offeror to propose

USAID/Kenya and East Africa Sustainable, Transformational and

Year 4 March 2026 Offeror to propose

Year 5 March 2027 Offeror to propose

[END OF SECTION B]

THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

USAID/Kenya and East Africa Sustainable, Transformational and

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF OBJECTIVES

ABBREVIATIONS

ACOR Alternate Contracting Officer Representative ADS Automated Directives Systems AMELP Activity Monitoring, Evaluation and Learning Plan APS Annual program Statement ASAL Arid and Semi-Arid Lands CDCS Country Development and Cooperation Strategy CLA Collaboration Learning and Adapting CO Contracting Officer COG Council of Governors COR Contract Officer Representative COP Chief of Party CRM Climate Risk Management DCOP Deputy Chief of Party DO Development Objectives EDE Ending drought Emergencies EMMP Environmental Monitoring and Mitigation Plan ERR Environmental Review Report FTF Feed the Future FY Fiscal year GAP Good Agricultural Practices GIS Geographic Information System GPS Global positioning satellite GUC Grant under Contract GOK Government of Kenya HH Household IEE Initial Environmental Examination IGA Income-generating activities IR Intermediate Result JMP Joint Monitoring Program MEL Monitoring, evaluation and learning MDG Millennium Development Goal MWSI Ministry of Water, sanitation and Irrigation NGO Non-governmental organization NPI New Partnership Initiatives NRM Natural resource management OEGI Office of Economic Growth and Integration AMELP Activity Monitoring, Evaluation and learning Plan OAA Office for Acquisition and Assistance RFP Request for Proposal RCE Request for Categorical Exclusion SA2 Semi-Arid Zone Two

USAID/Kenya and East Africa Sustainable, Transformational and

SDG Sustainable Development Goals SOO Statement of Objectives TBD To Be Determined USAID/KEA United States Agency for International Development/ Kenya and East

Africa USEPA United States Environmental Protection Agency USG United States Government UNICEF United Nations Children Education Fund WB World Bank WASCO Water and Sewerage Company WASH Water Sanitation and Hygiene WASREB Water Services Regulatory Board WHO World health Organization WRA Water Resources Authority WRUAs Water Resource User Associations WSP Water Sanitation Program WSPs Water Service Providers WSTF Water Sector Trust Fund

USAID/Kenya and East Africa Sustainable, Transformational and

SECTION C – DESCRIPTION/STATEMENT OF OBJECTIVES (SOO)

C.1. INTRODUCTION

The United States Agency for International Development (USAID)/Kenya and East Africa (KEA) seeks to award a five-year contract with a ceiling of $24.9 million for the STAWI Activity, (thereafter as the Activity). The overall goal of the Activity is to improve water security in areas of recurrent crises. The 2017 U.S. Global Water Strategy defines “water security” as people having safe and sustainable supplies of water to meet basic human, economic, and ecosystem needs, while managing risks from floods and droughts. This also aligns with the 2017 Global Food Security Strategy and the Global Food Security Kenya Country Plan.

Ensuring water security in Kenya will contribute to important goals, namely economic development, poverty reduction, improved health of communities – especially women and girls, climate resilience, peace and stability, and human security. This perspective is in line with the goals outlined in the United States Government's (USG) 2020 - 2025 Country Development Cooperation Strategy (CDCS) in Kenya and the Sustainable Development Goals (SDGs).

The Statement of Objectives (SOO) describes the objectives of the Activity to implement cost-effective, measurable, innovative, and sustainable approaches tailored to the specific development challenges, with the aim of working with and supporting the Government of Kenya in advancing its journey towards resilience and self-reliance.

The STAWI contract SOO is being released in conjunction with a Diversifying Partnerships in WASH (DiP WASH) Annual Program Statement (APS) addendum, in alignment with USAID’s New Partnerships Initiative (NPI). The APS awardees would be local and/or underutilized partners working in the target counties, who would receive administrative support and oversight from the STAWI contract implementing partner(s), and their activities would be co-developed through the APS process. In addition, STAWI shall implement direct grants to county governments and oversee related capacity building efforts.

C.2. BACKGROUND

Despite ongoing economic progress, Kenyans continue to face risks of shocks and stresses that threaten their well-being and ability to sustainably escape poverty. In the extreme, this has resulted in recurrent, large-scale humanitarian emergencies that threaten the lives and livelihoods of the most vulnerable, negatively impacting national and regional economies, and costing billions of dollars in humanitarian spending. Sustainably reducing poverty not only requires enabling people to escape poverty, but also strengthening the resilience of households, communities, systems, and governments. The Government of Kenya has the Kenya Water Act, 2016, National Climate Change Action Plan (2018-2022) and the Agriculture Sector Transformation and Growth Strategy (2019-2029). These institutional frameworks also align with the GOK’s Ending Drought Emergencies (EDE) Common Programme Framework.

Access to water underpins economic growth and livelihoods across sectors. About 75 percent of Kenyans derive all or part of their livelihoods from agriculture and livestock, both dependent on

USAID/Kenya and East Africa Sustainable, Transformational and water; however, agricultural productivity has stagnated in recent years amid continuing population growth. This poses critical challenges to food security in the country as between 1 and 4 million people receive food aid annually. Kenya also continues to face challenges in providing sustainable access to drinking water services, with only 59 percent of Kenyans having access to basic drinking water services (WHO/UNICEF JMP 2019).

Kenya faces significant challenges in ensuring safe and sustainable water resources for communities in areas of recurrent crises to meet basic human, economic and ecosystem needs. The challenges include weak governance and institutional capacity across government authorities in managing, planning, monitoring and regulating water resources, limited technical capacity among communities and water service providers to sustainability deliver, operate and maintain water services particularly in the face of climate change pressure (droughts/floods) and humanitarian crises, and limited private sector and communities’ knowledge and skills for effective management of water for drinking and other productive uses (i.e., agricultural activities).

Development Challenges Kenya faces significant challenges in ensuring safe and sustainable water resources for communities in areas of recurrent crises to meet basic human, economic and ecosystem needs, while managing risks from droughts and floods. These challenges include:

● Weak governance and institutional capacities. A weak water governance structure with systemic corruption has resulted in frequent conflicts between upstream populations -- who are involved in water intensive agricultural production and irrigated agriculture -- and those situated downstream (households, agro-pastoral and pastoral households) who are often adversely affected by low water availability. Women have limited agency and lack a voice in water management and governance. In addition, county governments lack the capacity, knowledge and resources to effectively deliver and manage services amidst devolution processes.

● Low sustainability and reliability of WASH service delivery due to lack of professionalized maintenance, inability to regularly collect sufficient revenues, unclear institutional arrangements and responsibilities, and a lack of accountability for rural services.

● Lack of access to water for multiple livelihood uses: Development of improved water sources have traditionally been designed to supply water for drinking and WASH purposes.

However, with erratic rainfall, pastoralists, and agro-pastoralists lack water for their livestock, which is their main source of livelihood.

● Climate change. Climate variability affects water resources management and availability for both domestic and agricultural activities. The country experiences water scarcity with the condition being more severe in Arid and Semi-Arid Lands (ASALs). Severe droughts and flooding which is expected to increase in magnitude and frequency as a result of climate change will impact water availability and diminish water quality, with implications for irrigation and domestic water supply and sanitation, which combined account for 87 percent of current use.

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● Gender Inequality. Production and market systems in Kenya are traditionally gender blind, based on a false assumption of a level playing field, that fails to recognize and accommodate underlying gender inequalities that impact women’s abilities to compete with men for productive resources and opportunities. The gendered nature of unpaid household work places undue burden of water collection solely on women and girls.

Women bear a bigger burden of unpaid care work, and on average spend about 2.5 times more time than men do. On average, Kenyan women work 15 to 17 hours a day while men work only six to seven1. And even when women do work outside of the home, across all sectors, they are paid less than men at KSH68 for every KSH100 paid to men2. Women provide 70 percent of labor in agricultural food production -yet, their role and influence as market actors (in the water sector) remains inequitable. Women, young adolescent girls, and children are the worst hit during disasters as they have to travel longer and further, often without safety. Young girls get married off for bride wealth as a coping mechanism and are more vulnerable to other harmful gender norms. Women are the most dependent on natural resources, yet their role and influence in water governance still remains very low3.

● Poor or no information technology. There is a lack of information technology infrastructure to help with understanding climate variability, groundwater cycle, financing and improved service delivery.

● Access to rights of land ownership. Water is a land-based natural resource, which contributes directly to the socio-economic well-being of its people. Sustainable use of water resources depends on the rights of ownership based on the land governance systems set in place. It is necessary to control the rights of ownership and facilitate secure access to land to ensure sustainable water resource use.

● Conflict over natural resources. The arid and semi-arid counties of Kenya are home to a significant population of pastoralists and agro-pastoralists who make their living out of livestock keeping and rely heavily on natural resources particularly water which is a determinant factor in their mobility and overall resource management. Weak governance has resulted in erosion of traditional natural resource governance systems. In some instances, interventions to solve water scarcity problems in the form of emergency water development have unintentionally worsened the situation. Inappropriately sited permanent water points such as boreholes have encouraged settlement, broken down complex grazing patterns and resulted in degradation of the pasture and water resources, scarcity of resources and increased conflicts4.

1 World Economic Forum (2019). Kenya's loosening of gender roles is helping to fight climate change ‐ this is how.

2 Kenya CDCS, page 10.

3 Gender Analysis (2020). USAID Kenya and East Africa 4 Salah, YM; Vishwanath, A; Wild, R; and Nyachieo, J (2016). Water for Livestock Promoting resilience by influencing water infrastructure development in community managed rangelands of Kenya. IUCN 24pp. Nairobi

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Theory of Change The Activity asserts that: IF governance and management of water resources and services is improved, sustainability of water service delivery is increased, and management, efficiency and equitable access to water used for productive purposes is improved, THEN, counties and communities will have increased ability to safeguard sustainable access to adequate quantities and quality water, leading to the goal of improved water security.

C.3. PURPOSE

The purpose of the STAWI Activity is to strengthen resilience and expand economic opportunities in targeted northern and southeastern counties through management of water resources, expansion of sustainable water services, and improved use of water within agriculture and livestock market systems. The Activity will work at the national and sub-national levels, and MUST focus on county governments, DipWASH APS addendum awardees, and the private sector including financial institutions, private water service providers and agricultural businesses, as well as community groups such as Water Resources Users Associations (WRUAs) and farmers’ groups. The Activity MUST also require supporting and engaging communities and civil society, particularly women and girls and youth, in developing political will and technical capacities to advance the stated Objectives.

C.4. PERIOD AND PLACE OF PERFORMANCE

Period of Performance STAWI’s period of performance is five years from the date of contract award.

Place of Performance STAWI will be implemented in Kenya at the national level and in the following counties listed in the table below. The Offeror’s MUST work in the following nine counties in addition to working with the Council of Governors relevant Committee secretariats.

Northern Kenya (arid)

● Garissa

● Isiolo

● Marsabit

● Samburu

● Turkana

● Wajir

South-Eastern (semi-arid)

● Kitui

● Makueni

● Taita Taveta

C.5. OBJECTIVES

The main goal of STAWI is to improve water security in areas of recurrent crises. USAID/KEA aims to increase the ability of counties and communities to safeguard sustainable access to adequate quantities and quality of water for sustaining livelihoods, human well-being, and socio-economic development. The Activity shall target two resilience zones within Kenya, where vulnerability to recurrent crises is high. In the targeted arid counties (northern), investments will aim to build resilience to shocks and reduce humanitarian assistance caseloads. In the targeted

USAID/Kenya and East Africa Sustainable, Transformational and semi-arid (southeastern) counties, investments will aim to strengthen resilience to avert a return to dependence on humanitarian assistance.

Improving water security will depend on achieving four interrelated objectives.

1. Improve governance of water resources and services,

2. Increase sustainability of water service delivery,

3. Improve management, efficiency, and equitable access to water used for productive purposes, and

4. Improve collaboration and learning across stakeholders and strengthen the capacity of county governments and DiP WASH APS addendum awardees.

The Activity must undertake a set of integrated approaches and interventions that will achieve the outcomes and expected results. Across the four objectives, the Offeror is expected to demonstrate how the proposed approaches and interventions will strengthen resilience capacities of communities, particularly women and girls; and address relevant land issues that may arise. The interventions include infrastructure that comprises small scale water constructions. The Offeror is also expected to highlight interventions that engage youth and offer lessons for how digital solutions (ICT) can be used to improve water governance and service delivery. Additionally, where relevant, the outcome activities should galvanize local development organizations led by youth and women to influence decision making on government policies, plans and budgets as well as behavior change at the household level. The Offeror is also expected to build in best practices around contingency funding and allocate a designated budget (minimum 10-15%) that is triggered based on pre-set criteria to save development gains during crises or shocks. This includes developing and regularly updating a shock-response contingency plan (based on relevant selected shocks) that defines clear actions, roles and responsibilities for when that triggering criteria are met. Contingency planning should also build preparedness, early response and recovery capacities at the local level by including county officials, community members and other key local actors in the preparation, validation and resourcing of contingency plans.

Objective 1: Improve governance of water resources and services The contractor shall strengthen institutional and governance systems of water resources and services for domestic, agriculture and other productive uses.

Outcome 1.1: Institutional capacity for water resources management improved Expected Results:

● Functional coordination platform with strong communication between relevant national and sub-national sector institutions for promoting water resource management

● Evidence-based plans for equitable allocation of water resources developed and implemented

● Increased leadership and decision-making roles for women and youth in governance of water resources and services

● Increased public financing for water resources management

Outcome 1.2: Policy environment for water services improved at county-level Expected Results:

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● Policies that enable climate-aware and efficient water uses for production

● Water bills developed/passed and implemented

● Groundwater protection and watershed policies developed and implemented

Outcome 1.3: Mitigation measures to ensure water security in the context of shocks and stresses are improved Expected Results:

● Effective coordination, collaboration, planning, sequenced actions and accountability by national and county governments.

● Strategies for sustainable water supply and availability to vulnerable communities in times of shocks are developed and enacted at the county levels

● Capacity of the counties to implement the shock-mitigation and responsive water strategies is strengthened.

● Increased financial resources and sustained commitment by the counties to sustainable supply and availability of water to vulnerable communities in times of shock.

● Public-private partnerships that support water supply and availability in times of shocks are developed and implemented.

Objective 2: Increase sustainability of water service delivery Outcome 2.1: Availability and reliability of rural water services is improved Expected Results:

● Increased availability and capacity of professionalized maintenance services for rural communities

● Increased functionality of water schemes

● Increased percentage of women and youth engaged in professional operations and maintenance

● Increased population with access to water services in rural areas

● Corruption in water supply services reduced

Outcome 2.2: Efficiency and quality of water services supplied by Water and Sanitation Companies (WASCOs) improved Expected Results:

● Continuity of service, system reliability and water quality improved in WASCO service areas

● Reduction in non-revenue water and illegal connections

● Improved profitability of WASCOs

● Institutional performance of WASCOs improved

● Increased number of people with access to safe drinking water in WASCO service areas

Outcome 2.3: Water service delivery is effectively monitored and regulated

● Community-owned accountability mechanisms for quality water service delivery established or strengthened

● Increased capacity of county government to monitor water quality and enforce water schemes compliance with national standards

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● Improved coordination between national water regulator and counties for setting water tariffs

● Increased percentage of water service providers that are registered legally

Objective 3: Improved management, efficiency and equitable access to water used for productive purposes

Outcome 3.1: Strategic targeting of water availability for productive and economic use Expected Results:

● Increased private sector participation in last-mile, climate-smart commercial water delivery for productive and economic uses

● Sustainable technologies for water provision and use targeted for specific productive and market systems purposes in Northern and Southeast counties

● Increased efficient utilization of water for productive and economic use by farmers, pastoralists, agro-pastoralists and processors.

● Increased household incomes from diversified sources

Outcome 3.2: Empowered women and youth, managing water resources for productive and economic purposes Expected Results:

● Increased participation of women and youth in community water management structures for productive and economic use, including water catchment protection and conservation.

● Increased number of women and youth owned water-sector businesses, which operate in an efficient and professional manner

Objective 4: Improved collaboration and learning across stakeholders and strengthened capacity of county governments for learning and adaptation

Outcome 4.1 Collaboration across interventions, counties and stakeholders increased Expected Results:

● Unified vision and management of results and actions across stakeholders led by county governments with development partners, communities, NGOs and private sector engaged in water security

● Strategic collaboration to inform decision making, improve coherence and support adaptive management led by county governments with development partners, communities, NGOs and private sector actors engaged in water security

● Learning uptake and knowledge management within and outside of USAID

Outcome 4.2 Learning to inform adaptive management supported Expected Results:

● Co-created vision and strategy for adaptive management based on program experience, evidence and learning

● CLA best practices integrated into operations and programming across stakeholders

● Learning agenda developed and implemented with feedback loops to real time program implementation

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Outcome 4.3 Capacity of counties to learn and apply adaptive management practices strengthened

● Learning-by-doing approach applied by county government actors in agriculture, economic planning and water departments

● Feedback loops to inform improved program implementation and decision making used by county governments

● Increased capacity of county staff in adaptive management practices

● Strategic application of adaptive management by county staff to improve the governance and sustainability of water services.

The Offeror MUST develop a monitoring, evaluation and learning (MEL) plan that includes at minimum, USAID standard performance indicators for water security, sanitation and hygiene relevant to water activities (available in the Water and Development Indicators Handbook) and FTF standard indicators. The Offeror may propose additional performance indicators that they will use to measure progress made towards achieving the above outcomes.

C.6. ADDITIONAL CONSIDERATIONS

Strategic Approach Locally owned, managed and led development. USAID/KEA will refine its approach to collaborating with government counterparts, emphasizing direct relationships whenever possible (through grants to county governments), work with local actors (including women, girls and youth) and organizations (including DiP WASH APS addendum awardees) and seek private sector solutions. USAID/KEA posits that a focus on locally led, managed and owned development is a sure pathway to accelerating self-reliance, and contributing to transformational change in water resources management and improved water service delivery. STAWI will build on the capacity of and leverage existing knowledge and skills of county governments, local and underutilized partners including conservation groups, and communities through co-creation processes, citizens advocacy and engagement, social and behavior change strategies and a strong CLA component.

Gender Gender equality and female empowerment is among the operational principles of USAID’s Water and Development Strategy. The Strategy “seeks to ensure that women are empowered to effectively advocate for their perspectives and priorities, and that are able to fully engage as managers and partners.” The Offeror may refer to USAID’s Water and Development Technical Brief on Gender Equality and Female Empowerment in WASH for guidance on promoting women’s participation in water related activities. In addition, USAID’s Climate Change and Development Strategy highlights that climate change interventions are unlikely to be successful without the support and involvement of women. STAWI must promote approaches, informed by gender analysis and/or gender action plan, that are responsive to gender considerations and seek to ensure that the assistance provided, and the results achieved are beneficial to all genders.

Sustainability Through the Activity, USAID/KEA has taken a deliberate approach to build in sustainability across all outcomes. The activity moves beyond the simple measurement of infrastructure

USAID/Kenya and East Africa Sustainable, Transformational and investments to create lasting solutions to enhance resilience of communities for water services.

STAWI will adopt a water sector systems approach – from community interventions to wider service delivery, and within the enabling environment – to addressing and improving sustainability of water services through enhanced regulatory and institutional capacity of private service providers, civil society and government. STAWI will design services that meet water users’ demands and interests in the water and agriculture sectors, and design inclusive mechanisms for supported and supervised community-managed maintenance and accountability of water services in partnership with county governments and water and sanitation companies.

Environmental Guidelines and Climate Risk Management.

Development should be environmentally sound, and interventions must be compliant with environmental regulations. As such, the activity should adhere to the provisions in Title 22 of the Code of Federal Regulations, Part 216. In addition, the Offeror must comply with Kenya environmental regulations/laws.

In the face of climate change, the Offeror is required to identify climate change impacts and risks and demonstrate how the proposed approaches will reduce those risks to ensure effectiveness and sustainability of the Activity’s objectives in the face of climate variability and change. The Offeror may refer to USAID guidance on climate risk management (ADS201mal).

Private Sector Engagement STAWI will seek to establish strategic alliances with the private sector in improving governance for water resources management and/or increasing access to water services. USAID has been instrumental in shaping global dialogue on WASH financing and private sector engagement with lessons and best practices experiences to draw from.

Monitoring, Evaluation and Learning As outlined in USAID’s ADS 201.3.4.10, the Offeror must develop an Activity MEL plan. The Contractor will monitor and report to USAID on required and expected activity outputs and outcomes, through narrative reports and online reporting databases as instructed by USAID (currently DevResults).